Project Bank Account Documentation

Project Bank Account Documentation for use in Scotland (PBA/Scot 2022)

Project bank accounts (PBAs) help to protect cash flow to sub-contractors, particularly in the event of the insolvency of the employer or contractor. The extent of the protection is dependent on the operation of the PBA and is generally limited as regards employer’s insolvency.

The SBCC PBA documentation comprises the following:

• SBCC Project Bank Account Agreement (PBA). This includes the SBCC form of Joining Agreement (PBA/JA).
• Enabling Provisions for insertion into the Building Contract and Sub-Contracts requiring the relevant parties to enter into the PBA.
• Guidance Notes. 

The documentation is designed to be generic enough for use by both public and private sector clients and on any type or size of project. The suitability of the documentation for use in relation to any given project should be considered and appropriate legal advice taken as necessary.

The documentation is specifically designed to be used with the SBCC Standard Building Contract (SBC) (any of the three published versions) and SBCC Design and Build (DB) forms of SBCC main contract and their related standard forms of SBCC sub-contract i.e. the SBCC Standard Building Sub-Contract Agreement for use in Scotland 2016 (SBCSub/A/Scot), SBCC Standard Building Sub-Contract with sub-contractor’s Design Agreement Scotland 2016 (SBCSub/D/A/Scot) and SBCC Design and Build Sub-Contract Agreement For Use in Scotland 2016 (DBSub/A/Scot).

Appropriate Uses:

This document contains the three relevant parts, i.e. Project Bank Account Agreement, form of Joining Agreement and the Enabling Provisions, to enable a project bank account to be set up and operated.

It is appropriate for use in conjunction with the following standard forms of SBCC main contract and their related standard forms of SBCC sub-contract:

• a SBCC Standard Building Contract (SBC/ Scot);

o a SBCC Standard Building Sub-Contract Agreement for use in Scotland 2016 (SBCSub/A/Scot); or

o a SBCC Standard Building Sub-Contract with sub-contractor’s Design Agreement Scotland 2016 (SBCSub/D/A/Scot).

• a SBCC Design and Build Contract For Use in Scotland 2016 (DB/Scot);

o a SBCC Design and Build Sub-Contract Agreement For Use in Scotland 2016 (DBSub/A/Scot).

The PBA/Scot 2022 is not designed for online editing or completion. Once ordered the system will generate a PDF for downloading which will be found in the 'My Contracts' section of your account.

Downloads

• Sample Contract